1 2025:CGHC:46444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4852 of 2025 1 - Dinesh S/o Budhram Aged About 50 Years Caste- Nageshiya, R/o Village- Bairdih, P.S.- Chando, Tahsil- Kusmi, District- Balrampur-Ramanujganj, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, C.G. 2 - State Of Chhattisgarh Through The Secretary, Department Of Forest, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, C.G. 3 - The Collector Balrampur, District- Balrampur-Ramanujganj, C.G. 4 - Divisional Forest Officer (D.F.O.) Balrampur Forest Division, Balrampur, District- Balrampur-Ramanujganj, C.G. 5 - Sub- Divisional Officer (Revenue) Balrampur, District- Balrampur- Ramanujganj, C.G. 6 - Forest Range Officer Forest Range Kusmi, District- Balrampur-Ramanujganj, C.G. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Rishkant Mahobia, Advocate For Respondent : Mr. Praveen Das, Dy. A.G, along with Mr. Rishabh Bisen, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 11/09/2025 1. With the consent of learned counsel for the parties, the matte is heard finally. 2. By way of this petition, petitioner sought following relief(s) : “10.1 That this Hon'ble Court may kindly be pleased to Quash and set aside the impugned notice dated 08.07.2025 issued by the Respondent Forest Department in relation to the land situated in Digitally signed by JYOTI JHA Date: 2025.09.15 10:54:13 +0530 2 Compartment No. P- 3170, Village Bairdih, Tahsil Kusmi, District Balrampur Ramanujganj (C.G.), being illegal, arbitrary, violative of the principles of natural justice, and without authority of law. 10.2 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 3. Learned counsel for the petitioner contended that lease of the Compartment No.P- 3170, area 0.300 hectare situated at village Bairdih, Tahsil Kusmi, District Balrampur – Ramanujganj (C.G.) was granted in favour of father of the petitioner vide Annexure P-3. He further submits that a notice has been issued to the petitioner by the Forest Department on 08.07.2025 (Annexure P-1). The impugned notice alleges that the petitioner is unauthorized occupants of forest land falling under Compartment No.P-3170 area 0.300 hectare and directed to the petitioner to produce valid document in respect of said land within 05 days. In spite of having lease granted to his late father, respondent department are saying to vacate the said land forthwith, failing which coercive action shall be taken against the petitioner. He further submits that the respondent authority is ready to demolish the house of the petitioner in spite of having lease/patta of the said land. 4. Learned State counsel contended that the concerned authority is only issued notice to the petitioner and direct him to produce the valid document with respect to land bearing Compartment No. C-3170. Instead of filing producing the same before the authority, the petitioner has filed this petition for seeking protection. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 3 6. Considering the facts and circumstances of the case, grievance raised by the petitioner and looking to the copy of lease/patta (Annexure P-3) of the said land, it reveals that it is in the name of late father of the petitioner, instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing to the petitioner to file reply along with copy of lease (Annexure P-3) and other relevant document before respondent No.6 within ‘15 days’ from today and respondent No.6 is directed to verify the documents submitted by the petitioner and if respondent No.6 finds any illegal encroachment over the Government land/forest land by the petitioner, then take further steps in accordance with rules, regulations and law. 7. It is made clear that before taking any action against the petitioner, if it is found that the lease deed is genuine then demarcate the land of the petitioner bearing Compartment No.P-3170 area 0.300 hectare. Till then, no coercive action shall be taken against the petitioner. 8. With the aforesaid observation and direction, this petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti